HomeMy WebLinkAbout20083442.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-15 was introduced on
first reading on September 29, 2008, and a public hearing and second reading was held on
October 20, 2008. A public hearing and final reading was completed on November 10, 2008,with
changes being made as listed below, and on motion duly made and seconded, was adopted.
Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2008-15
ORDINANCE TITLE: IN THE MATTER OF IN THE MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD
COUNTY CODE
EFFECTIVE DATE: November 26, 2008
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: November 14, 2008
PUBLISHED: November 21, 2008, in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE #2008-15 ON FINAL READING
Amend Sec. 14-7-110.C to read as follows:
C. Any contiguous parcels which are owned by the same individual or group of individuals may be
permitted in one (1) biosolids permit. There shall be a minimum fee for up to one hundred sixty
(160) acres, with the fee for each additional acre pro rata.
Amend Sec. 14-7-110.H to read as follows:
H. A biosolids permit shall be for a period of one(1)year and is renewable for additional one-year
periods only by grant of the Board of Public Health. The permit shall be considered for renewal
upon submittal ten(10)days prior to the scheduled Board of Public Health hearing. Any expansion
or enlargement of the area for which the biosolids permit is issued shall require a new application
under the provisions of this Section.
Amend Sec. 14-7-130.A.2 to read as follows:
2. The name and address of the property owners for the proposed biosolids permit, if different from
above.
0 D ,QMJ'-/5
0,%0-34W
Amend Sec. 14-7-160.B to read as follows:
B. The Department of Public Health and Environment shall be responsible for processing all
applications for the renewal of biosolids permits in the unincorporated areas of the County.
Insert a new Sec. 14-7-160.C to read as follows:
C. At the discretion of the Weld County Health Officer, for sites where violations of the Weld
County Code or the Colorado Department of Public Health and Environments Biosolids Regulation
(5 CCR 1002-64) have been documented in the most recent 12 months, or where substantial
changes are reported, the applicant shall be required to submit an application that meets all the
requirements of a new application as defined in Section 14-7-130.
Delete proposed Sec. 14-7-160.D and reletter remaining subparagraphs.
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
NOTICE of
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter,AMinece that the same is a daily newspaper of general circulation and
Number 2008-15 was introduced on first reading omSeptembx rioted and published in the City of Greeley, in said county and
29,2008.and a public hearing and second reading was held on P Y
October 20,2008. A public hearing and final reading was cram state; that the notice or advertisement, of which the annexed is a
ed tbelow,November
o motion duly made and seconded,made
sadopt- true copy,(days): that the notice was published in the regular and
ed. Effective date of said Ordinance Is listed below. Any backup entire issue of every number of said newspaper the period
material,exhibits or information previously submitted to theduring
Board of County Commissioners concerning this matter may be and time of publication of said notice, and in the newspaper
examined in the office of the Clerk to the Board of County Com-
missioners,located in the Weld County Centennial Center,915 proper and not in a supplement thereof; that the first publication
10th Street,Third Floor,Greeley,Colorado,between the hours
of 8:00 a.m.and 5:00 p.m.,Mondaythro Friday,or may be Sc. of said notice was contained in the, issue of the said newspaper-
ceased through the Weld County Web Page bearing date the Twenty-first day of November
(www.co.weld.co.us). E-Mail messages sent to an individual
Commissioner may not be Included in the case file. To ensure AD. 2008 and the last publication thereof: in the issue of said
inclusion of your E-Mail correspondence into the case file,please
send a copy to egogesick9co.weld.co.us. newspaper bearing date the Twenty-first day of November
ONO.RDINANCE
ORDINANCE TITLE: IIN8 THE MATTER OF IN THE MATTER OF AD. . 2008. that said The Tribune has been published
REPEALING AND REENACTING,WITH AMENDMENTS, continuously and uninterruptedly during the period of at least six
CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUN-
TY CODE months next prior to the first issue there of contained said notice
EFFECTIVE DATE:November 26,2008
or advertisement above referred to; that said newspaper has been
BOARD OF
COL COMMISSIONERS admitted to the United States mails as second-class matter under
DATED:November 14,2008 the provisions of the Act of March 3, 1879, or any amendments
PUBLISHED:November 21 2008,in the Greeley Tribune thereof; and that said newspaper is a daily newspaper duly
CHANGES MADE TO CODE ORDINANCE N2008-150N qualified for publishing legal notices and advertisements within
Amend Sec.14-7.110.FINAL
reaREADING
as follows: the meaning of the laws of the State of Colorado.
C. Any contiguous parcels which are owned by the same indi-
vidual or group of individuals may be permitted in one(1)bio-
solids permit.There shall be a minimum fee for up to one hun-
dred sixty(160)acres,with the fee for each additional acre pro November 21, 2008
rata.
Amend Sec.14-7-110.H to read as follows:
H. A biosolids permit shall be for a period of one(1)year and is
renewable for additional one-year periods only by grant of the
Board of Public Health.The permit shell be considered for re-
newal upon submittal ten(10)days prior to the scheduled Board Total Charges: $47.97
of Public Health hearing. Any expansion or enlargement of the
area for which the biosolids permit is issued shall require a new
application under the provisions of this Section.
Amend Sec.14.7-130..2 to read as follows:
2. The name and address of the property owners for the pro-
posed biosolids permit,if different from above.
Amend Sec.14-7-160.0 to read as follows:
B. The Department of Public Health and Environment shall be
responsible for processing all applications for the renewal of bio-
solids permits in the unincorporated areas of the County.
Insert a new Sec.147-160.C to read as follows: l/ ',�''/7q.,/{b//n/��j /�
C. At the discretionioofthe meld Co my coHealthe Colorado sties /) �f/I`/2 D �7 _,
where violations of the Weld County Cadets the Colorado la- tr.G'
tionpar(5 nt of Public Health and Environments Bin the s most
recent
/Advertising C(JILl
k
Regula-
tion(5 CCR 1002-64)have been documented in the most recent
12 months,or where substantial changes are reported,the appli-
cant shall be required to submit an application that meets all the
requirements of a new application as tlefinept IBQrption
Delete proposed Sac.14-7-two ntrwmr northing sub- 21st day of November, 2008
paragraphs.
The Tribune
November 21,2008
--- My Commission Expires 02/14/2011
Notary Public
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-15 was
introduced on first reading on September 29, 2008, and a public hearing and second reading was
held on October 20, 2008, with changes being made as listed below. A public hearing and third
reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th
Street, Greeley, Colorado 80631, on November 10, 2008. All persons in any manner interested
in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225,
or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
ORDINANCE NO. 2008-15
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: November 10, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 24, 2008
PUBLISHED: October 31, 2008, in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE #2008-15 ON SECOND READING
Amend Sec. 14-7-130.H and 14-7-130.1 to read as follows:
H. A written statement that the applicant is aware that if excessive heavy truck hauling of
biosolids causes dust problems to the adjacent property owners, the applicant shall be
required to provide an adequate dust suppressant (potable water, calcium chloride or
magnesium chloride)for approximately 300'at each affected residence. Determination of
application shall be designated by the Weld County Public Works Department based on
complaints,average daily traffic counts,and the increase of heavy truck hauling associated
with this operation.
I. A written statement demonstrating that the applicant has reviewed the maps made
available by the Weld County Public Works Department and is aware of the county roads
and restricted bridges that should be avoided by truck traffic.
Delete Sec. 14-7-130.J and 14-7-130.K and reletter subsequent sections.
Affidavit of Publication
STATE OF COLORADO
55.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
NOTICE OF printed and published in the City of Greeley, in said county and
SECOND RE
ADING OF ORDINANCE state; that the notice or advertisement, of which the annexed is a
true copy,(days): thatthenoticewas published in the regular and
Pursuant totheweldCountyHomeRUVMCharter,ordinanra
Number 2008-15 was introduced on first reading on September entire issue of every number of said newspaper during the period
29,2008,and a public hearing and second reading was held on
October 20,2008,with chant being made as listed below. A and time of publication of said notice, and in the newspaper
public hearing and third reading is scheduled to be held in the
Chambers of the Board,First Floor Nearing Room,915 10th proper and not in a supplement thereof; that the first publication
Street,Greeley,Colorado 80531,on November 10,2008. All of said notice was contained in the,issue of the said newspaper-
persons in any manner interested in the next reading of said Or-
dinance are requested to attend and may be heard. bearing date the Thirty-first day of October AD.
Please contact the Clerk to the Board's Office at phone(970)
336.7215,Extension 422_5.or fax(970)352-0242,prior to the 2008 and the last publication thereof: in the issue of said
day of the hearing if,as a result of a disability,you require rea-
sonable accommodations in order to participate In this hearin . newspaper bearing date the Thirty first day of October AD.
Any backup material,exhibits or information previously submit-it 2008- that said The Tribune has been published continuously
led tothe Board of County Commissioners concerning this mat-
'ter may be examined in the office of the Clerk to the Board of and uninterruptedly during the period of at least six months next
County Commissioners,located in the Weld County Centennial
Center,915 10th Street,Third Floor,Greeley,Colorado,be-. prior to the first issue there of contained said notice or
of rosyn be the hours ofADa.m.and h the Weld County Wepydvii Friday,
I9ageadvertisement above referred to; that said newspaper has been
(www.co.wee.co.ue). Ear ail messages sent to an individual admitted to the United States mails as second-class matter under
Commissioner may not be included in the case file. To ensure
inclusion
n uusi n of your E-Mail correspondence into the case file,please the provisions of the Act of March 3, 1879, or any amendments
copy to egeslckeco.weld.co.us.
ORDINANCE NO. 2008-15 thereof; and that said newspaper is a daily newspaper duly
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND qualified for publishing legal notices and advertisements within
REENACTING,WITH AMENDMENTS,CHAPTER 14 HEALTH the meaning of the laws of the State of Colorado.
AND ANIMALS.OF THE WELD COUNTY CODE
DATE OF NEXT READING:November 10,2008,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO October 31, 2008
DATED:October 24,2008
PUBLISHED:October 31,2008,in the Greeley Tribune
CHANGES MADE TO CODE ORDINANCE#2008-15 ON SEC-
OND READING Total Charges: $29.29
Amend Sec.14-7-130.H and 14-7-130.1 to read as follows:
H.A written statement that the applicant is aware that if exces-
sive heavy truck hauling of bioso ills causes dust problems to the
all acent property owners,the applicant shall be required to pro-
vide an adequate dust suppressant(potable water,calcium chlo-
ride or magnesium chloride)for approximately 300f at each af-
fected residence. Determination of application shall be
designated by the Weld County is lic Works the Department basedon heavy
truck associated s aily td wi counts,and Ne increase of
heavy truck hauling tdemon with this operation. ///� ^\ /�y/,,`
LA written statement demonstrating that the applicant has re- a LC' Vd v
viewed the maps made available by the Weld County Public l
Works Department and Is aware of the county robs and re-
stncted bodges that should be aw,itladp truck Wee. Advertising Clerk
elec.14-7-130.J and 14-7-130M and reedier subsequent
i .
The Tribune
October 31,2008 31st day of October, 2008
My Commission Expires 02/14/2011
Notary Public
WELD COUNTY
CODE ORDINANCE 2008-15
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including
the codification of all previously adopted ordinances of a general and permanent nature enacted
on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 14
HEALTH AND ANIMALS
ARTICLE VII, BIOSOLIDS
Division 2
Biosolids Regulations
Amend Sec. 14-7-110. Intent and applicability of biosolids regulations.
A and B - No change.
C. Any contiguous parcels, up to six hundred forty(640)acres,which are owned by the
same individual or group of individuals may be permitted one (1) biosolids permit.
The required e„alaat;ons and analysis ru0ults shall Lc ubn,;i1,4 f,,. u...,
I.u..J.cd a„cty(1C0)&,.cs or f. thereof. There shall be a minimum fee for up
to one hundred sixty(160)acres,with the fee for each additional acre pro rata. The
County n.ay requi.e ,..or. I..t.noive sampling where n.ultiplc c,opa arc g.o n..
D. The County may require more intensive sampling where multiple crops are grown.
BE. Sites and facilities that have been issued a certificate of designation in accordance
with Section 30-20-101, Colorado Revised Statutes, as amended, from the Board
of County Commissioners are exempted from the provisions of this Section.
Reletter remaining subparagraphs.
Amend Sec. 14-7-130. Application requirements for biosolids permit.
The purpose of the application for a biosolids permit is to give the applicant an opportunity
to demonstrate, through written and graphic information, how the proposal complies with the
standards of this Chapter. The following supporting documents shall be submitted as a part of the
application:
A- No change.
B. Evidence that demonstrates the use will be in compliance with the Colorado
Department of Public Health and Environment Biosolids Regulations 5 C.C.R.
1002-64, 2003.
C. A letter of intent to apply biosolids that includes the fvllvwi,nyall information-
mandated in the Colorado Department of Public Health and Environment Biosolids
Regulation, found at 5 C.C.R. 1002-64.
1. TI ie typos of crops to b0 grown a.,ti.e land and tl ;Limbo; of au.ca of caul r
crop.
2. Evidence that the biosolids comply with the criteria for metals-based
classification of biosolids as defined in Table 1 and Table 3 of the Colorado
Dcpartr.,er,t of Public I lealth and E.,di,onrr.cl,t Diosolids R0gulation G C.C.R.
1002-G4.
3. Evidence showing that the biosolids meet the stability criteria established by
the Culv.aJv DcNa.Gnc..t of Public I lcalth and Envnvn.nent Diosolkl0
Regulation 5 C.C.R. 1002-G4.12(C).
4. Rcsultaofp;ezvn,ct.;ctub,-...onitvr;, g,tat-UoresO.v0n,.yruundwatt.,
n.v.Idol ig .csults ve.ifgi..g the annual l,k), 9.vundwater level at thw
minimum depth which occurs on the site.
5. Rcsutts-oftest byres or-othc, result°de,ifyn.g thy.,.ii[in nu.ndaptlito bud,ock
6. Alternate biosolids management plans. This shall include the name and
aJJ.aoa of tl ge..elatar, the n.a...e and address of any cont.avtvr and, ;f
applivablc, the ..a...e and add,ess of the user.
7. A screening analysis of the biosolids as specified in Colorado Department
of Public I lealth and Environment Biosolids Regulation 5 C.C.R. 1002-64.16.
8. A soil analysis of the site. The soil analysis shall also include those
constituents specified in the Colorado Department of Public I lealtlr and
in.0,.t-0ivwlids-R0yulativ.r 5 E.C.R. 1002-64.1G.
D. A written statement outlining an alternate biosolids management plan. This shall
include the name and address of the generator, the name and address of any
contractor and, if applicable, the name and address of the user.
BE. A written statement demonstrating the applicant's ability to apply biosolids either by
direct injection or surface application with immediate incorporation into the soil. If
the applicant does not plan immediate incorporation, a written statement shall be
submitted demonstrating why it is not feasible and necessary for reasons of
remoteness, nature of the biosolids, characteristics of the soil, or type of crop.
EF. A written statement demonstrating that the applicant has alternate methods of
disposal available during cold weather months when injection or incorporation is not
possible. Surface application on frozen ground shall be allowed only if specifically
requested in the application.
FG. A written statement demonstrating that the applicant can and will off-load a
minimum of sixty (60)feet from County roads.
H. A map that details the haul route to the proposed land application site. The Weld
County Department of Public Works may identify and require use of alternate haul
routes to avoid any restricted bridges, construction zones, or other factors that
involve public safety. In a timely manner, the applicant will notify the Department
of Public Works of haul route or land application site changes not previously
identified, and coordinate with the County Road Use permit agent on requested
changes.
A written statement that the applicant is aware that, if Weld County roads are
damaged beyond normal wear and tear by the biosolids hauling equipment of the
applicant or the applicants' contractor, the applicant will repair the road damage to
the satisfaction of the Department of Public Works. The Department of Public
Works will be the agency to determine when this is warranted.
J. A written statement that the applicant is aware that, upon notification by Weld
County,the applicant will cease hauling operations,or direct his contractor to cease
hauling operations, until the roads are repaired to the satisfaction of the Department
of Public Works. Hauling operations will not be allowed to resume until the
condition of the road allows heavy hauling without damage being done to the roads.
K. A written statement that the applicant is aware that, if excessive heavy truck hauling
of biosolids causes dust problems to the adjacent property owners, the applicant
shall be required to provide an adequate dust suppressant(potable water, calcium
chloride, or magnesium chloride) for approximately 300 feet at each affected
residence. Determination of application shall be designated by the Weld County
Department of Public Works based on complaints, average daily traffic counts, and
the increase of heavy truck hauling associated with this operation.
GL. A written statement demonstrating that at no time will an application site have an
odor reading of greater than a seven-to-one (7:1) dilution/threshold as measured
according to Regulation #2 of the Colorado Air Quality Control Regulations.
HM. A written statement demonstrating that the applicant has the ability to prevent,
control and abate spillage.
IN. A written statement demonstrating that the applicant can and will handle, store and
apply biosolids in a manner that controls fugitive dust, blowing debris, odor and
other potential nuisance conditions.
dO. Awritten statement demonstrating how the proposed use will be compatible with the
existing surrounding land uses.
KR. A written statement demonstrating how the proposed use will be compatible with the
future development of the surrounding area as permitted by the existing zone and
with future development as projected by Chapter 22 of this Code or the adopted
master plans of affected municipalities.
LO. A written statement demonstrating how adequate provision for the protection of the
health,safety and welfare of the inhabitants of the neighborhood and the County will
be maintained.
MR. A map that shows and complies with the following requirements:
1 thru 7 - No change.
8. All existing 011J p.eposed structures on the property under consideration.
9. The location of all occupied dwellings and other occupied structures within
a one-mile500-foot radius of the property under consideration.
NS. Any additional information as may be required by the Department of Public Health
and Environment or Board of Public Health in order to determine that the application
meets the requirements of this Chapter.
AT. The minimum number of copies required for processing the application shall be five
(5) unless the application is submitted electronically, and then one (1) copy is
required.
PU. A certified list of the names, addresses and corresponding parcel identification
numbers assigned by the County Assessor to the owners of property of the surface
estate within five hundred (500)feet of the property subject to the application. The
source of such list shall be the records of the County Assessor, or an ownership
update from a title abstract company or attorney derived from such records or from
the records of the County Clerk and Recorder. If the list was assembled from the
records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
Amend Sec. 14-7-150. Duties of Board of Public Health for issuance of biosolids permit.
A. The Board of Public Health shall hold a public hearing to consider the application
and shall either issue or deny all or any portion of the biosolids permit. In making
a decision on the proposed biosolids permit, the Board of Public Health shall
consider the recommendation of the Department of Public Health and Environment,
facts presented at the public hearing and the information contained in the official
record, which includes the case file of the Department of Public Health and
Environment. The Board of Public Health shall approve all or any portion of the
biosolids permit unless it finds that the applicant has not met one(1)or more of the
standards or conditions of Paragraphs 1 through 10 below. The applicant has the
burden of proof to show that the standards and conditions of Paragraphs 1 through
10 below are met. The applicant shall demonstrate:
1. That the use will be in compliance with the Colorado Department of Public
Health and Environment Biosolids Regulations found at 5 C.C.R. 1002-647
2003.
2 - No change.
3. That alternate sites are available during cold weather months when injection
or incorporation is not possible. Surface application on frozen ground shall
be allowed only if specifically requested in the application-.id aut11u11tc'.Hi
the puma.
Remainder of Section - No change.
Amend Sec. 14-7-160. Permit renewal application for a biosolids permit.
A. The purpose of tire renewal application for a biosolids permit is to give the applicant
an opportunity to demonstrate, through written and graphic information, how the
ei revval uunlplics witl rti re-btai ida,ds of this Chapter.The following information shall
be submitted as a part of the-any renewal application to renew all or any portion of
a biosolids permit:
1 and 2 - No change.
3. All other biosolids permit rer iewal requirements or that have occurred since
the issuance of the biosolids permits.
B. The Department of Public Health and Environment shall be responsible for
processing all applications for the renewal of biosolids permits in the unincorporated
areas of the County. The duties of the Department of Public Health and
Environment for processing a biosolids permit renewal shall be the same as outlined
in Section 14-7-140 of this Article. At the discretion of tl a Department of r uul;
I lealth and Environment, upon the request of the permittee, the notice and posting
requirements on all or any portion of the permit may be waived whan a biosolids
permit is considered for renewal based upon the remotemness, nature of the
I.L ulk1o, tai'at a.,lciistit,o of t110 Sul, typo of Cup, G11fo1 cam11011t actions, acid pi iul
putfu Vl Merits Ortonipla;. to., except that:
1. Upon the request of the permittee, the notice and posting requirements
described in Section 14-7-140.B.2, B.3, B.4, and B.6 of this Article, may be
waived when a biosolids permit is considered for renewal based upon the
remoteness, nature of the biosolids, characteristics of the soil, type of crop,
enforcement actions, and prior public comments or complaints.
a. For consideration of waiving the notice and posting requirements of
a renewal permit, there should be no violations for the site under
consideration of the Weld County Code or the Colorado Department
of Public Health and Environments Biosolids Regulation, found at
5 C.C.R. 1002-64, for a minimum of two years.
b. Waiving of notice and posting requirements may occur for up to two
consecutive years. In no case shall a Biosolids permit be renewed
for three consecutive years without following all of the notice and
posting requirements in Section 14-7-140 of this Article.
Remainder of Section - No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections, and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection, paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
* * * * * * * * * * *
NOTICE
PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-15 published above,
was introduced and, on motion duly made and seconded, approved upon first reading on
September 29, 2008. A public hearing and second reading is scheduled to be held in the
Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on
October 20, 2008. All persons in any manner interested in the reading of said Ordinance are
requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require
reasonable accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th
Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
SECOND READING: October 20, 2008, at 9:00 a.m.
THIRD READING: November 10, 2008, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 3, 2008
PUBLISHED: October 10, 2008, in the Greeley Tribune
•. O. A written statement demonstrating how the proposed use will be compatible with the
WELD COUNTY existing surrounding land uses.
CODE ORDINANCE 2008-15 P. A written statement demonstrating how the proposed use will be compatible with
the future development of the surrounding area as permitted by the existing zone and with future
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 14 development as projected by Chapter 22 of this Code or the adopted master plans of affected
HEALTH AND ANIMALS,OF THE WELD COUNTY CODE municipalities.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF O. A written statement demonstrating how adequate provision for the protection of the
WELD,STATE OF COLORADO: health,safety and welfare of the inhabitants of the neighborhood and the County will be main-
tained
WHEREAS,the Board of County Commissioners of the Countyof Weld.State of Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with R. A map that shows and complies with the following requirements.the authority of administering the affairs of Weld County,Colorado,and
I thru]-No change.
WHEREAS,the Board of County Commissioners,on December 28,2000,adopted
Weld County Code Ordinance 2000-1,ens ling a comprehensive Code for the County of Weld. 8 All existing structures on the property under consideration.
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption,and 9. The location of all occupied dwellings and other occupied structures within a 500-
loot radius of the property under consideration.
WHEREAS,the Weld County Code is in need of revision and clarification with
regard to procedures,terms,and requirements therein. S. Any additional information as may be required by the Department of Public Health
and Environment or Board of Public Health in order to determine that the application meets the
NOW,THEREFORE,BE IT ORDAINED by the Board of County
the County of Weld,State of Colorado,that certain existing Chapters of the Weld
of requirements of this Chapter.
eld County Code
be,and hereby are,repealed and re-enacted,with amendments,end the various Chapters are T The minimum number of copies required for processing the application shall be five
revised to read as follows. (5)unless the application is submitted electronically,and then one(II copy is required.
CHAPTER 14 U. A certified list of the names,addresses and corresponding
HEALTH AND ANIMALS bars assigned by the County Assessor to the owners of property of the surfaceestate within five
ARTICLE VII, BIOSOLIDS hundred(500)feet of the property subject to the application.The source of such list shall be the
Division 2 records of the County Assessor,or an ownership update from a title abstract company or attorney
derived from such records or from the records of the County Clerk and Recorder.If the list was
Biosolids Regulations assembled from the records of the County Assessor,the applicant shall certify that such list was
Amend.Sec.14-]-110.Intent and applicability of biosolids regulations. assembled within thirty(30)days of the application submission date.
Amend Sec.14-]-150.Duties of Board of Public Health for issuance of biosolids permit.A and B-No change.
A. The Board of Public Health shall hold a public hearing to consider the application
C. Any contiguous parcels,up to six hundred forty(640)acres,which are owned by and shall either issue or deny all or any portion of the biosolids permit In making a decision on
the same individual or group of individuals may be permitted one(1)biosolids permit.There shall the proposed biosolids permit,the Board of Public Health shall consider the recommendation
be a minimum fee for up to one hundred sixty(160)acres,with the tee for each additional acre of the Department of Public Health and Environment,facts presented at the public hearing and
pro rata. the information contained in the official record,which includes the case file of the Department of
Public Health and Environment.The Board of Public Health shall approve all or any portion of the
D. The County may require more intensive sampling where multiple crops are grown. biosolids permit unless it finds that the applicant has not met one(11 or more of the standards
or conditions of Paragraphs 1 through 10 below.The applicant has the burden of proof to show
E. Sites and facilities that have been issued a certificate of designation in accordance that the standards and conditions of Paragraphs 1 through 10 below are met.The applicant shall
with Section 30-20-101,Colorado Revised Statutes,as amended,from the Board of County demonstrate:
Commissioners are exempted from the provisions of this Section,
1. That the use will be in compliance with the Colorado Department of Public Heath
Reletter remaining subparagraphs. and Environment Biosolids Regulations found at 5 C.C,R.1002-64.
Amend Sec.14-]-130.Application requirements for biosolids permit.
2-No change.
The purpose of the application for a biosolids permit is to give the applicant an
opportunity to demonstrate,through written and graphic information,how the proposal complies 3. That alternate sites are available during cold weather months when injection or
with the standards of this Chapter.The following supporting documents shall be submitted as a incorporation is not possible.Surface application on frozen ground shall be allowed only if sped l-
pan of the application:
A-No change.
sally requested in the application.
B. Evidence that demonstrates the use will be in compliance with the Colorado Remainder of Section-No change.
Department of Public Health and Environment Biosolids Regulations 5 C.C.R.1002-64.
Amend Sec.14-].160.Permit renewal application for a biesolis'5 permit.
C. A letter of intent to apply biosolids that includes all information mandated in the
Colorado Department of Public Health and Environment Biosolids Regulation,found at 5 C.C.R. A The followin information shall be submitted as a part of any renewal application to
1002-64.
renew all or any portion o a biosolids permit:
D. A,written statement outlining an alternate biosolids management plan.This shall 1 and 2-No change.include the name and address of the generator,the name and address of any contractor and,if
applicable,the name and address of the user.
B. The Department of Public Health antl Environment shall be responsible thedemonstrating ability County.
direct injection or surface application with immediate incorporation into the soil.If the applicant
The dwies of the he ante of Public Health antl Environment for processing a biosolitls permit
renewal shall be the same as outlined in Section 14-7-140 of this Article,except theC
does not f aplsib immediate annecessary incorporation,reasons ea,a written o remoteness,ss, tu be submitted demonstrating characteri why
R Is not feasible and for of nature of the biosolids,characteristics 1 Upon the ,3,B.4,oaf eB pmts sebmcle,may be we ved whenls btosolitle perrm idly cof the soil,or type of crop. Section ed for renew,8.3,
considered for renewal based upon the remoteness,nature of the biosolitls,characteristics of the
F. A written statement demonstrating that the applicant has alternate methods of soil,type of crop,enforcement actions,antl prior public comments or complaints.
disposal available during cold weather months when injection or incorporation is not possible.
Surface application on frozen ground shall be allowed only if specifically requested in the applica- a_ For ben o violatio of waiving the notice antl posting requirements of a renewal or theunder
G. A written statement demonstratin that the applicant can and will off-load a mini- Colorado Department of Public Health and Environments Biosolids Regulation.found at 5 G C.R.
mum of sixty(60)feet from County roads. g PP1002-64,for a minimum of two years.
Waivin of notice and posting requirements may occur for up to two consecutive
H. A map that details the haul route to the proposed lend application site, The Weld years. In no case shall a B'wsolids permit be renewed for three consecutive years without follow-
County Department of Public Works may identify and require use of attemate haul routes to avoid
any restricted bridges,construction zones,or other factors that Involve public safety. In a timely ing all of the notice and posting requirements in Section 14-7440 of this Article.
•manner,the applicant will notify the Department of Public Works of haul route or land application Remainder of Section-No change.
site changes not previously identified,and coordinate with the County Road Use permit agent on
requested changes:- _ BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be.and
hereby is directed to arrange for Colorado Code Publishing to supplement the Weld County
I. A written statement that the applicant is aware that,if Weld County roads are Code with the amendments contained herein,io coincide with chapters,articles,divisions.sec
lions,and sub sections as they current) exist within said Code:and to resolve any inconsisten-
tly beyond normal wear and tear by.the bh.solids hauling equipment of the applicant or ties regarding capltaliza0on, rammar,antl numbering or placement of chapters.articles,dlvb
the applicants'contractor,the applicant will repair the road damage to the satisfaction of the lions,secloons,and sub-sections in�aitl Cotle.
Department of Public Works. The Department of Public Works will be the agency to determine BE IT FURTHER ORDAINED by the Board if any section,subsection.paragraph,
when this is warranted.
sentence.clause,or phrase of this Ordinance Is for any reason held or decided to be unconsu-
d. A written statement that the applicant is aware that,upon notification by Weld rational,such decision arsenot affect the validly of the remeining todthi s hereof The Board
of County Commissioners ion,p declares that a would have en phra e t Ordinance Pit each
County,the applicant will cease hauling operations,or direct his contractor to cease hauling era ra h,sentence,clause,and phrase es.cl f ices active of
and every section,subsection,p g p p
operations,autinhtuntil the roads are o to
oesu satisfactionutilthe of the Department of Public Works. the fact that any one or more sections,subsections,paragraphs,sentences,clauses,or stases
Hauling operations will not be allowed to resume until the condition of the road allows heavy haul- might be declared lobe unconstitutional or invalid.
ing without damage being done to the roads.
K. A written statement that the applicant is aware that,it excessive heavy truck hauling
of biosolids causes dust problems to the adjacent property owners,the applicant shall be required
to provide an adequate dust suppressant(potable water,calcium chloride,or magnesium chlo-
ride)for approximately 300 feet at each affected residence. Determination of application shall be
designated by the Weld County Department of Public Works based on complaints,average daily
traffic counts,and the increase of heavy truck hauling associated with this operation.
A written statement demonstrating that at no time will an application site have an
odor reading of greater than a seven-to-one(7:1)dilution/threshold as measured according to
Regulation k2 of the Colorado Air Quality Control Regulations.
M. A written statement demonstrating that the applicant has the ability to prevent,con-
trol and abate spillage,
N. A written statement demonstrating that the applicant can and will handle,store and
apply biosolids in a manner that controls fugitive dust.blowing debris,odor and other potential
nuisance conditions,
Affidavit of Publication
STATE OF COLORADO
55.
County of Weld,
Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
true copy,(days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
of said notice was contained in the, issue of the said newspaper-
bearing date the Tenth day of October
AD. 2008 and the last publication thereof: in the issue of said
newspaper bearing date the Tenth day of October AD.
2008: that said The Tribune has been published continuously
and uninterruptedly during the period of at least six months next
prior to the first issue there of contained said notice or
advertisement above referred to; that said newspaper has been
admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
October 10, 2008
Total Charges: $148.50
A
/ Advertising Clerk
i
toth day of October, 2008
My Co ission Expires 06/ 2009
Notary Public
NOTICE C
PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2008-15
o1n pustblished
above,was introduced and,on motion duly made and seconded,approved p
on September 29,2008. A public hearing and second reading is scheduled to be held in the
Chambers of the Board,First Floor Hearing Room,915 10th Street,Greeley,Colorado 80631.
on October 20,2008. All persons in any manner interested in the reading of said Ordinance are
requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone(970)336-7215,Extension 4225.or fax
(970)352-0242,prior to the day of the hearing it.as the result of a disability,you require reason-
able accommodations in order to participate in this hearing.
Any backup material,exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board
of County Commissioners,located in the Weld County Centennial Center,Third Floor,915 10th
Street,Greeley,Colorado, between the hours of 8:00 am.and 5:00 p.m.,Monday thru Friday,or
may be accessed through the Weld County Web Page(www.co.welbso.us). E-Mail messages in the case ysent to an our E-Maiindividual
correspondence into the case file,not eplease send a copy tolegesle. ck@coweld.co'us n of
SECOND
October 2
READING: Novmber10,2008
THIRD ,at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
DATED: October 3,200B
The Tribune
October 10,2008
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